| Home Props., L.P. v Cheryl Holohan |
| Motion No: 2008-00314 SC 02-29-2008 |
| Slip Opinion No: 2008 NYSlipOp 70432(U) |
| Decided on April 10, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| HOME PROPERTIES, L.P., Respondent, -against- CHERYL HOLOHAN, Appellant. |
DECISION That branch of the motion by tenant-appellant to stay enforcement of the judgment of January 10, 2008, is granted and enforcement of the judgment of January 10, 2008 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 6, 2008. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as tenant's share of the Section 8 rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due.
That branch of the motion for poor person relief is granted.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.